New-York tribune., 1887-12-12
sHARP AND the COURT OF dprsAts
REPLY TO "E. B. n"-rHE CONSTITUTION AND
THE CODE

a hHPLx 10 Bs b. h'-THE CONSTITUTION AND
THE CODE.
70 he Editor Of rhs rrfbuns
srR; r. RS legal propositions. contained In his
passionate denunciaton Of the Court Of Appeals IN
Mondays TRIBUNE quite picturesque. venture tc
Grave little for their ventilation. The bill Of
rights In our State Constitution declares tn person
shall be compelled in any criminal crminate
himself" Thus the rack and the torture are swept
away. 1t is plain enough that no one law can 30 valid
which assumes to enact that person shall be compelled
to crimnate himself But +. B. Il. apparently thinks It
he done by two laws one the declaration Of the
statutes the other the construction OF by the Judge
Suppose there were two statutes, one compelling him to
testify before Senate Committee to crminae or
tend to crminate himself; the other permitting the use
OF such testimony against him upon his trial. elsewhere,
for the crime Does H. X fail to that the provis-
ion OF the bin OF rights would be violated But whether
the Judge or the Legislature makes the second law the
rack and the torture reappear May not thank the
Court OF Appeals that these relics OF ruder age have
not been renstaed
L. B. RS discovery OF the connection between the
constitutional amendment OF 1874 and Section 40 OF the
Code of 1881 Is unique. What are the facts When in
1874 the state Constitution provided that the offering or
giving bribe to oifccr should he q felony II de-
clared thing The only for inserting this
piece OF legislation in the Constitution to Introduce
sort OF preface TO the nducement held out In the SUD-
seluent provision to the briber to betray by his tes
mony the officer he had brbed As the brber couid not
in any te compced to crimnate himself. IL was
thought to bc cheap way 10 hire him to crminae his
vctim by letting hin 20 scot free E. Ia mistaken
in supposng that Section 70 OF thf Code Of 1esl was
enacted TO carry the constitutional provision OF 1874
into effect The latter provision complete In itseit
and self executing. III the brilcr tcsfes against tne
officer he mas brbed the briber free What more 40
you want
II is easy that Section 70 Of the Code Is entirely
different from the constitutional provision Inc later
tries hire the brber IN turn informer ana testify 10
hn
II does not merely try TO compel him but II slcceeas III
doing t. IL says he may be compelled But In oruer 10
compel him the section had BE- framed AS not 10 run
counter TO the provision OF the bill OF rights otherwise
it would be void To do this IL necessary 10 pro'e
in the section that the testimony thus compeilcu no
matter where given should not bo used 10 cr iIae tn
person giving il. Unless he was eneciaily scfecnet
from all hazard III this ect he might By ndrccuo
be compelled to criminate himself In some criminal niai
OF himself. Unless this perfect shield has been sN
tended him. Section 20 is void f.. u. X oueht 10
know that the constitutional provision OF 1874 does no'
deny to the legislature any legislative power. ana more
fore Section 20 OF the Code OF 1881 not limited III s
application by that constitutional provision lie also
ought 10 know that the provision quoted from the n e
rights does limit the legislative power and tbat sec
ti0n 70 had to nc framed within such limitation. :.
f. . RS real quarrel whether he knows II or no, u
with the Conrt OF ais. but with the CONSTITUTION
of his State the study OF which is respectfully recon-
mcndcd. COUNTRY LAWYER
ALblDy. Dec. :. 1887